Juvenile
The Conflict Program appoints attorneys to defend accused youths.
The Conflict Program’s appointed attorneys provide indigent defense to youths charged with a crime in Contra Costa county. The Conflict Program’s appointed attorneys provide indigent defense to Contra Costa county youths.
What is a juvenile offender?
A juvenile offender is an individual who is under the age of 18 and has committed an offense that would be considered a crime if committed by an adult. The California juvenile justice system recognizes the unique circumstances and needs of juvenile offenders, aiming to rehabilitate rather than solely punish them. Juvenile offenders are subject to different procedures and laws compared to adult offenders.
Our appointed attorneys handle two types of Juvenile cases. Delinquency cases involve children up to eighteen years old who are accused of committing a criminal offense, and our office represents the children in these cases. Dependency cases involve allegations of neglect or abuse by the parents or guardians towards their children, and our office represents both the parents and the children in these cases.
Juvenile proceedings in Deliquency Cases:
- Arrest: When a child is arrested, there are three options: informal diversion, release with a promise to appear, or transport to Juvenile Hall.
- Juvenile Hall: After booking, a child may be released with a court date or detained. A petition must be filed within 48 hours, and a detention hearing determines release or continued custody.
- Detention Hearing: The judge decides whether to hold the child in custody or release them. The court sets pretrial and jurisdictional hearing dates.
- Jurisdictional Hearing: Determines the truth of charges alleged in the petition, decided by a judge.
- Dispositional Hearing: Determines the consequences and possible dispositions for the child.
- Confidentiality: Juvenile proceedings and records are generally confidential, except for those involved in the case.
- Juvenile vs. Adult Convictions: Juvenile adjudications are not convictions and need not be disclosed as such.
- Sealing Records: Record sealing procedures differ based on the date of termination from probation.
- Juveniles Charged as Adults: A hearing determines whether a case will be transferred to adult court for serious cases involving children over 16.
- Drug Treatment, Mental Health Treatment, and Specialized Education: Programs are available to address these issues for minor clients.
Juvenile proceedings in Dependency Cases:
- Purpose: Provide safety and protection for abused or neglected children and preserve the family unit when possible.
- Dependency Proceedings: Initiated when a petition is filed alleging abuse or neglect. A Detention Hearing is held, followed by a Jurisdictional Hearing to determine the truth of allegations.
- Representation: The Conflict Program represents parents and children, advocating for the child's best interest.
- Review Hearing: Scheduled after six months to assess the safety and need for continued court involvement.
- Final Disposition: The court may return the child to parents, continue long-term foster care, place with a guardian, or terminate parental rights for adoption.
- Involvement: TCP attorneys participate in court hearings, provide legal assistance, and advise parents throughout the process.